5
Introduction
Africans who were believed to be ‘native’ to a place over those
other Africans who had migrated there more recently – including
those who had moved with the encouragement or coercion of
the colonial government. There were clear differences in the
structures of government introduced by the different colonial
powers, with the civil-law countries favouring a more assimilationist approach, and the British preferring where they could to
co-opt pre-existing institutions to the system that became known
as indirect rule. But there were also commonalities. Institutions
were created that for the most part followed the logic of what
Europeans called ‘tribe’, grouping together people whom the
colonizers (and their anthropologists) decided had a common language and culture. ‘Chiefs’ of these groups, approved or created
by the colonizers, were authorized to take lower-level decisions
affecting their own ethnic subjects. The higher-level courts and
administrators backed up this authority (so long as there was
no challenge to the colonizers’ power), based where necessary
on their own interpretation of the relevant ‘customary’ law. Individuals who found themselves outside the geographical zone
of the ‘tribe’ to which it was determined they belonged could be
doubly disadvantaged. These migrants benefited neither from the
legal rights given those subject to ‘European’ law, nor from the
‘customary’ protections given those who could make a claim on
a particular ‘tribal’ leader.3
At independence, the laws of the new states were designed
to reassert the equal rights of all races and ethnicities. New citizenship laws were adopted, largely based on models from the
power that had colonized them, but using the versions that had
applied at home to their own full citizens rather than in their
colonies. As in other regions of the world, these new laws generally based the right to citizenship on a combination of descent
from parents who themselves were citizens and the fact of birth
in the country. Though gender bias was a common feature of
these laws – as it was at the time in the European states – formal
equality between races was the norm. The term ‘native’ itself
was reappropriated in the former British colonies to be a term